Welcome to Curse! Curse, Inc. (“Curse,” “we,” “us” or “our”) is committed to respecting the privacy rights and concerns of all users of the Curse www.delphivim.comwebsites where this Privacy Policy is posted (the “Site(s)”) (we refer to the Site(s), the services and software made available through the Site(s), collectively, as the “Curse Features”). As such, we have established and implemented this Privacy Policy to inform visitors to the Site(s) and users of the Curse Features how we use and protect the information we collect through the Site(s). By visiting the Site(s) or using any of the Curse Features, you consent to Curse’ collection, use, storage, deletion and disclosure of information relating to you as set forth in this Privacy Policy. This Privacy Policy is effective as of the date set forth above and is only applicable to the Site(s) and not to any other website that you may be able to access from the Site(s) which may have its own data collection and use practices and policies.

This policy answers the following questions:

What information do we collect about you and how do we use it?

Will we share your personal information with third parties?

What choices do you have about the collection and use of your personal information?

What security measures do we take to safeguard your personal information?

What information do we collect about you and how do we use it?

Types of Information We Collect

Personal information means information that can be used to identify and contact you. You do not need to submit personal information to access certain areas of the Site(s), but if you do not want to disclose certain personal information to us, you will not be able to access certain aspects of the Curse Features.

We collect personal information when you create an account through the Curse Features; subscribe to our newsletter; participate in chat rooms, forums, polls, surveys, and questionnaires; participate in contests, sweepstakes, or other promotions; purchase a product through the Curse Features; register a product that you have purchased; or receive customer or technical support.

To create an account for the Curse Features, we require you to provide your name, email address and country in which you reside. You will also need to create a screen name. When you are purchasing premium services or products through the Curse Features you may have to submit personal information to our billing partner, PayPal, including your email address, billing address and additional billing information depending on your preferred method of payment through PayPal, such as your credit card number. When you enter a contest or sweepstakes with Curse, in addition to your screen name, name and email address, we will ask for your mailing address in case we have to mail you a prize.

Additionally, we may also collect other types of information (known as demographic information) such as your gender, hobbies, occupation, platform preferences, and other game ownership information. This demographic information may be associated with your personal information.

How We Use Your Personal Information

The personal information you provide to us will allow us to fulfill your product or service order; alert you of new products or services, features, or enhancements; handle/route your customer service questions or issues; and/or notify you of upgrade opportunities, contests, promotions, or special events and offers. We also use your e-mail address to send you messages about the Curse Features and other general announcements. We keep track of your interactions with us, including but not limited to your activity within the Curse Features. We may use personal information that you provide to us to send messages to you in response to your request to perform an activity in connection with your use of any of the Curse Features. We may also use your personal information to contact you when necessary.

Cookies

“Cookies” are small bits of electronic information that a website sends to a visitor’s browser and are stored on the visitor’s hard drive. Like many websites, we employ cookies in certain areas of the Site(s) to allow us to provide information which is targeted to your interests and to make your online experience more convenient. For example, when you return to one of our websites after logging in, cookies provide information to the website so that the website will remember who you are. Should you disable cookies in your browser, you will have to provide your screen name and password each time you log in. Additionally, advertisements that are managed by third parties which may appear on the Site(s) use cookies. Advertisers use cookies to collect non-personal information when you click on or move your cursor over one of their banner advertisements. You may not realize this information is being collected. Advertisers use this information to monitor the performance of their advertisements. In some cases, we may have access to information from cookies used by these advertisers on the Site(s) and this information may permit us to identify other sites that you have visited that are also associated such advertisers.

Log Information

Our servers automatically record information that your browser sends whenever you visit the Site(s). Additionally, some of the Curse Features may collect information regarding your computer system. This information includes your Internet Protocol address, your browser type and version, the search engine you used to find the Curse Features, if any, the operating system your computer uses, the type of computer hardware you have (such as the amount of RAM, the type of GPU or type of CPU in your computer) which Curse Features you use and when and how long you use them. We use this information to monitor and analyze how users use the Curse Features, to provide customer service and to maintain and improve the Curse Features.

Children’s Privacy

We do not knowingly collect personal information from children under 13. We take children’s privacy seriously, and encourage parents to play an active role in their children’s online experience at all times.

Will we share your personal information with third parties?

Sharing of Information

We may use your personal information to provide analyses of our users in the aggregate to prospective partners, advertisers and other third parties. We may also disclose and otherwise use, on an anonymous basis, affiliation, position, interests and other non-personal information about customers.

In addition, we will share the personal information we collect from you under the following circumstances:

Protection of rights. We will share personal information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce the Terms of Service for the Curse Features, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Curse Features, or (iv) such action is appropriate to protect the rights, property or safety of Curse, its employees, users of the Curse Features or others.

Asset transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of Curse’s assets, user information, including personal information collected from you through your use of the Curse Features, could be included in the transferred assets. Visitors Should such an event occur, we will use reasonable means to notify you, either through email and/or a prominent notice on the Site(s).

Service Providers. We may share your personal information with service providers that we engage for the purpose of processing information on our and your behalf. For example, have partnered with other companies to host and manage contests, fulfill product orders and prizes, and process payments. Additionally, we may partner with other companies to process consumer surveys, or to process, analyze, and/or store data. While providing services for us, these companies may access your personal information. To the extent applicable, we require these entities to comply with this Privacy Policy and appropriate confidentiality and security measures.

Additional Information You Should Know About Third Parties

This Privacy Policy does not cover the information practices of third party websites linked to the Site(s). Although we encourage such third parties to adopt and follow their own privacy policies, we are not responsible for their collection and use of your personal information. You should refer to the privacy policies and statements of other websites or contact the respective webmasters of those websites to obtain information regarding their information collection, use and disclosure policies.

When you have clicked on an advertisement or third party logo displayed on our Site(s) which links you to a different website, our Privacy Policy no longer applies and you must read the privacy policy of the advertiser to see how your personal information will be handled on their website.

The Curse Features may also have message boards, forums and/or chat areas, where users can exchange ideas and communicate with one another. When you post to a message board, forum or chat area, please be aware that the information you post is made publicly available on-line and you do so at your own risk.

What choices do you have about the collection and use of your personal information?

Control of Your Information

You may update or delete your personal information or modify your account preferences for the Curse Features by accessing the “My Account” area of the Curse Features or sending us an email to [email protected] requesting us to update or delete your personal information. Please note that when you delete your account, we may retain your account information for a reasonable period of time afterward for the purpose of internal account management and fraud prevention activities.

Opting Out of Receiving Communications from Us

If you no longer want to receive our newsletter, e-mails or other announcements, you may unsubscribe by selecting “unsubscribe” in your account, writing to us at [email protected] or replying to the unsubscribe link at the bottom of our e-mails. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating to your account transactions.

Mediation

If you are a resident of a country outside of the European Union, you also agree that, in the event any dispute or claim arises out of or relating to this Privacy Policy that you and Curse will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in San Francisco, California with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorney’s fees, even if you would otherwise be entitled to them.

Dispute Resolution for Residents of the European Union

If you are a resident of the European Union, in the event that you have any dispute or claim arising out of or relating to this Privacy Policy, you may report your claim to the European Union Data Protection Authorities located in your jurisdiction.

What security measures do we take to safeguard your personal information?

The personal information that you provide to us is stored on servers, which are located in secured facilities with restricted access, and protected by protocols and procedures designed to ensure the security of such information. In addition, we restrict access to personal information to Curse employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Curse Features. All Curse personnel who have access to this information are trained in the maintenance and security of such information. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of any of the Curse Features and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.

Curse complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Curse has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Curse’s certification, please visit http://www.export.gov/safeharbor/.

Notification of Changes

This Privacy Policy may change from time to time and we will post all changes on this page.

Questions? Contact Us

If you have any questions about our privacy practices or this Privacy Policy, please contact us by email at [email protected]